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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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Identity Document Laws and Policies

Driver’s license policies govern the process by which a person can change the gender marker on their driver’s license. Many transgender people choose to update the gender marker on their identity documents so that it matches their gender identity. Accurate and consistent gender markers on identity documents helps transgender people gain access to public spaces and resources, as well as dramatically reducing the risk they will face violence, discrimination, or harassment. Additionally, states may allow individuals to identify as something other than male or female on their driver's licenses. The ease of the process to change gender markers is independent of how many gender options (i.e., male, female, nonbinary) are available.

However, many states have not yet modernized their policy or process, making it significantly challenging for transgender people to access identification that matches their gender identity and protects their safety. This map examines the variation in state policies regarding both the process of changing one's gender marker, as well as the gender marker options available in a given state. This map's categories were developed in conversation with the National Center for Transgender Equality (NCTE) and based on their driver's license process grading system, available here.

*NOTE: Illinois, Pennsylvania, and Washington have all stated they will soon begin offering gender neutral markers. Once these changes are implemented and individuals in these states are able to access gender neutral markers on their driver's licenses, this map will be updated to reflect that. Washington's gender neutral marker options are expected to be available in October 2019, Pennsylvania's by early 2020, and Illinois' in 2024.

The processes by which an individual can change the gender marker on their driver's license and/or birth certificate to accurately reflect their gender identity are governed by state laws and administrative polices and often include intrusive and outdated requirements, such as proof of sex reassignment surgery and court orders. According to the National Center for Transgender Equality, burdensome requirements and prohibitive costs prevent the majority of transgender individuals from obtaining accurate identity documents.

Percent of Adult LGBT Population Covered by Laws

*Note: These percentages reflect estimates of the LGBT adult population living in the 50 states and the District of Columbia. Estimates of the LGBT adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

28%

28 % of the LGBT population lives in states that allow residents to mark M, F, or X on their driver's license

28%

28 % of LGBT population lives in states with easy to understand form and no provider certification required

22%

22 % of LGBT population lives in states with easy to understand form and provider certification requirements (accepted from wide range of professionals)

7%

7 % of LGBT population lives in states with easy to understand form and provider certification requirements (accepted from limited range of professionals)

22%

22 % of LGBT population lives in states with no form; no court order or proof of surgery required, but burdensome process requirements and/or provider

2%

2 % of LGBT population lives in states with unclear, unknown, or unwritten policy regarding the process of gender marker changes

19%

19 % of LGBT population lives in states that require proof of surgery, court order, and/or amended birth certificate to change gender marker

Birth certificate laws govern the process by which a state changes (or refuses to change) a gender marker on a person’s birth certificate. Many transgender people choose to revise the gender marker on their identity documents so that it matches the gender they live every day. Accurate and consistent gender markers on identity documents helps transgender people gain access to public spaces and resources, as well as dramatically reducing the risk they will face violence, discrimination, or harassment. For more information, see here.

The processes by which an individual can change the gender marker on their driver's license and/or birth certificate to accurately reflect their gender identity are governed by state laws and administrative polices and often include intrusive and outdated requirements, such as proof of sex reassignment surgery and court orders. According to the National Center for Transgender Equality, burdensome requirements and prohibitive costs prevent the majority of transgender individuals from obtaining accurate identity documents.

Percent of Adult LGBT Population Covered by Laws

*Note: These percentages reflect estimates of the LGBT adult population living in the 50 states and the District of Columbia. Estimates of the LGBT adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

25%

25 % of LGBT population lives in states that allow residents to mark M, F, or X on their birth certificates

57%

57 % of LGBT population lives in states that issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker

5%

5 % of LGBT population lives in states that are unclear regarding surgical/clinical requirements and/or may require a court order to change gender marker

10%

10 % of LGBT population lives in states have unclear, unknown or unwritten policy regarding gender marker changes

23%

23 % of LGBT population lives in states require proof of sex reassignment surgery in order to change gender marker

5%

5 % of LGBT population lives in states that do not allow for amending the gender marker on the birth certificate

Many transgender people choose to change their legal name to match the name and gender they live every day. Name Change Policies control the process by which an individual can change their legal name on identity documents. Accurate and consistent identity documents help transgender people gain access to public spaces and resources, as well as dramatically reducing the risk they will face violence, discrimination, or harassment. For more information, see here.

State law permits name change without requiring public announcement of name change(14 states, 1 territory + D.C.)

Requirement of public name change announcement is unclear, circumstantial, or under individual court’s discretion (26 states, 1 territory)

State law requires public announcement of name change (10 states, 3 territories)

State law includes additional restrictions and/or requirements for individuals with a criminal record (19 states, 0 territories)

While state laws generally allow individuals to change their name for any non-criminal purpose, many states maintain outdated and burdensome requirements that create substantial barriers to achieving a legal name change. One of the most common and most problematic legal name change requirements throughout state laws is a requirement that a person publicize his or her name change. Many states require that applicants must publish notice at the local courthouse or in the newspaper sharing that they filed a petition requesting a legal name change. Another significant barrier exists in the many states that have additional rules and regulations when the person requesting a name change has a criminal record.

Percent of Adult LGBT Population Covered by Laws

*Note: These percentages reflect estimates of the LGBT adult population living in the 50 states and the District of Columbia. Estimates of the LGBT adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

45%

45 % of LGBT population lives in states that do not require public announcement of name change

45%

45 % of LGBT population lives in states with unclear or circumstantial requirements for public announcement of a name change

10%

10 % of LGBT population lives in states that require public announcement of name change

58%

58 % of LGBT population lives in states with additional restrictions and/or requirements for individuals with a criminal record

A Brief Overview of MAP

Founded in 2006, the Movement Advancement Project (MAP) is an independent, nonprofit think tank that provides rigorous research, insight and communications that help speed equality and opportunity for all.

MAP works to ensure that all people have a fair chance to pursue health and happiness, earn a living, take care of the ones they love, be safe in their communities, and participate in civic life. MAP is a nonprofit 501(c)(3) organization and donations to MAP are 100% tax-deductible. You can read more about MAP and the work we do on our About page.